HomeMy WebLinkAboutOrdinance No. 03-1465 CITY OF THE COLONY, TEXAS
ORDINANCE NO......0 ~ '"/~6 ~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
LICENSE AND MAINTENANCE AGREEMENT ALLOWING
THE BILLINGSLEY COMPANY TO INSTALL AN IRRIGATION
SYSTEM AND ORNAMENTAL LANDSCAPING MATERIALS
WITHIN THE PUBLIC RIGHT-OF-WAY ALONG PORTIONS OF
WINDHAVEN PARKWAY LOCATED IN AUSTIN RANCH, IN
THE CITY OF THE COLONY; ATTACHING THE APPROVED
FORM OF AGREEMENT AS EXHIBIT "A"; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS:
SECTION 1. That the City Manager of the City of The Colony, Texas is
hereby authorized to execute a license and maintenance agreement allowing the
Billingsley Company to install an irrigation system and ornamental landscaping materials
within the public right-of-way along portions of Windhaven Parkway located in Austin
Ranch, in the City of The Colony; The approved form of agreement is attached hereto as
Exhibit "A:, and made a part hereof for such purposes.
SECTION 2. This ordinance shall take effect immediately from and after
its passage by the City Council of the City of The Colony, Texas.
DULY PASSED AND APR/~OVED by the City Council of the City of
The Colony, Texas this ~ ~ day of .{_.j/,~..,r..~._.
~ v ___ ,2003
APPROVED:
Patti Hicks, City Secretary v
Gary Day,~ A~mey~
SPRINKLER SYSTEM AND LANDSCAPING
INSTALLATION, MAINTENANCE AND LICENSE AGRF;MENT
COUNTY OF DENTON }
} KNOW ALL MEN BY THESE PRESENTS:
STATE OF TEXAS }
WHEREAS, Billingsley Company ("Billingsley') is the owner of Austin Ranch
approximately 900 acres within the city limits of the City of The Colony ("The Colony");
and
WHEREAS, Billingsley desires to improve a certain portion of the right-of-way located on
the both side of Windhaven Parkway, and the four (4) corners at the intersection of
Windhaven and Piano Parkway, as shown in Exhibit B attached hereto and incorporated
herein, by installing an irrigation system and ornamental landscaping; and
WHEREAS, Billingsley and the City of The Colony desire to enter into certain
agreements relating to the installation, maintenance and removal of an irrigation system
and ornamental landscaping in and along certain portions of Windhaven Parkway, and
the four (4) comers at the intersection of Windhaven and Piano Parkway.
NOW THEREFORE, for and in consideration of the foregoing, the mutual covenants
herein contained, and other good and valuable consideration the receipt and sufficiency
of which are hereby acknowledged, Billingsley and the City of The Colony hereby agree
as follows:
1. The City of The Colony hereby grants a revocable license to Billingsley for the
purpose of installing and maintaining an irrigation sprinkler system and
ornamental landscaping in and along the right-of-way of Windhaven Parkway
that runs from Piano Parkway west to The Colony city limit. The City Engineer
for the City of The Colony shall approve the landscape and sprinkler system
plans prior to installation. Landscaping and irrigation systems must be
designed by a qualified individual who is registered and licensed by the state.
The seal signifying such registration must appear on the plans prior to
approval.
2. Billingsley hereby obligates itself to perpetually maintain the irrigation system
and any ornamental landscape materials placed in the right-of-way. If at any
time, Billingsley fails to maintain the irrigation system or the landscape
materials, the City of The Colony retains the right to keep and maintain or to
remove any and all such materials without notice to Billingsley to protect the
health and safety of the public. Where possible without causing an increased
risk to the passing public, The City of The Colony will notify Billingsley of its
decision to keep and maintain or to remove those materials necessary to
protect the health and safety of the public.
3. During the term of this license, Billingsley hereby obligates itself to maintain all
grass located in the right-of-way designated in Exhibit B. Such maintenance
includes watering and mowing turf to maintain a height less than 6 inches.
4. This license shall be granted solely to Billingsley and is not transferable
without express, wdtten consent of the City of The Colony.
5. All ordinances and codes of the City of The COlony shall be observed and
complied with, including, but not limited to visibility requirements, equipment
requirements and methods of installation.
6. By grant of this license, the City of The Colony assumes no maintenance
responsibility for any improvements placed in the right-of-way by Billingsley.
The City of The Colony assumes no responsibility for materials damaged as a
result of city action in maintaining the roadway or the right-of-way.
7. By grant of this license, the City of The Colony assumes no responsibility for
any claims, suits or charges for any injury or damage occasioned as a result of
improvements located in the right-of-way.
8. Billingsley expressly agrees to defend, indemnify and hold the City of The
Colony free and harmless from any and all losses, expenses, including
attorney's fees, damages, demands, claims, judgements or liability howsoever
caused or arising out of or in connection with injuries (including death) or
damages to any and all persons and/or property in any way sustained or
alleged to have been sustained in connection with, or by reason of, the
performance or failure to perform any act by any agent, contractor or
employee of Billingsley under the terms of this license.
9. This Agreement shall be binding on the parties hereto and their respective
successors, legal representative and assigns.
10. This Agreement constitutes the sole and entire agreement of the parties
hereto and supersedes any prior understandings or written or oral agreements
between the parties respecting the foregoing subject matter and cannot be
varied except by the subsequent written agreement of the parties.
11. Any notice, request, delivery or tender required or permitted to be given or
made hereunder by either party to the other shall be deemed to be delivered
or received, whether actually received or not, when deposited in an official
depository of the United States Mail and sent by certified or registered mail,
postage prepaid, return receipt requested, addressed to Billingsley or the City
of The Colony as the case may be, at the address set forth opposite the
signatures of such party hereto, but each such party may change its address
by ten (10) days wdtten notice of such change in accordance with the terms of
this paragraph.
12. Executed ~ 2003.
/
Billin.qslev Company
.4100 International Parkway, Suite 1100
Carrollton, Texas 75007 By _ ~
Name Typed:~!~ ~//lj/'~?,~
Title: ~'_.~-u,-r~v~: "~.~_~,',-~- ¥~.
THE CITY OF THE COLONY
6800 Main Street
The Colony, Texas 750056 ~'"~
Dale Cheatham, City Manager